Document Content

INTER-MINISTERIAL CIRCULAR No.9/TTLB ON THE 13TH OF APRIL 1995 DEFINING THE HARMFUL WORKING CONDITIONS AND JOBS WHERE THE USE OF MINORS' LABOR IS BANNED

Pursuant to Article 121 of the Labor Code on the 23rd of June 1994;

To ensure a comprehensive development of the physical and intellectual power and the character of minor workers and labor safety for them, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health hereby define the harmful working conditions and jobs where the use of minors' labor is banned.

A. THE ORGANIZATIONS CONCERNED AND THE SCOPE OF REGULATION

The following enterprises, agencies and organizations are banned from using minors' labor in the jobs with harmful conditions and in the types of job stipulated in this Circular:

- The State-owned enterprises;

- The enterprises in other economic sectors, those organizations and individuals that hire labor;

The foreign invested enterprises, the enterprises in the export processing zones and industrial parks; the foreign agencies and organizations or international organizations based in Vietnam which hire Vietnamese labor

- The administrative, business and service units in administrative and public service offices, mass organizations, and other political and social organizations, the people's armed forces, and the people's police.

B. THE HARMFUL WORKING CONDITIONS WHERE THE USE OF MINORS' LABOR IS BANNED:

1. Extra-heavy labor (consuming more than 4 kcal/minute, heartbeat 120/minute);

2. Compressed working posture, lack of oxygen;

3. Direct contact with the chemicals that may cause genetic change, affect the transformation of cells, cause cancer, cause long-term harm to the reproductive organs (testicular and ovarial deficiency), cause occupational diseases, and other harmful effects;

4. Contact with the factors that may cause contagious diseases;

5. Contact with radioactive substances (including X-ray equipment);

6. Contact with an electric field which is stronger than the permissible level;

7. In an environment with more vibration and noise than the permissible level;

8. The temperature in the workshop rises above 400C in summer and above 350C in winter, or heat radiation is too high;

9. Where atmospheric pressure is higher or lower than normal;

10. In the underground;

11. At dangerously high altitudes;

12. At work places which are not suitable to the nerves and psychology of minors;

13. At the places that may affect the formation of personality.

C. LIST OF JOBS WHERE THE USE OF MINORS' LABOR IS BANNED

1. The list of jobs where the use of minors' labor is banned (See supplement) issued attached to this Circular.

2. The ministries, branches or units which have the working conditions or jobs (not yet included in the list attached to this Circular) would report it to the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health to add it to the list.

D. ORGANIZATION OF IMPLEMENTATION

1. The Labor, War Invalids and Social Affairs Services and the Medical Services of the provinces and cities directly under the Central Government shall have to cooperate with the Workers' Unions of the same level to increase inspection of the implementation of this Circular at the grassroots units.

2. The State Inspector on Labor Safety and the State Inspector on Labor Hygiene shall have to closely inspect those units which use minors' labor in order to detect and handle violations in accordance with law.

3. The enterprises, public offices, organizations and individuals shall have to base themselves on the harmful working conditions and the jobs stipulated in this Circular to immediately take the following measures:

a/ Review the jobs which minors are doing, and re-arrange them to suit their health. Two months at the latest after this Circular is issued, they should not let minors work in the working conditions and do the jobs stipulated in this Circular.

b/ Keep a record with full names, dates of birth, and the jobs minors are doing; check the health of applicants before recruiting them; conducting periodical health checkups.

This Circular takes effect from the date of its signing.

OF WORK BANNING THE USE OF MINORS' LABOR

(issued attached to Circular No.09 on the 13th of April 1995 of the Ministries of Labor, War Invalids and Social Affairs, and Public Health)

1. Directly heating, pouring and transporting molten metal, removing moulds, and cleaning products cast in foundries:

- Arc furnace (of any capacity)

- Fixed steel furnace.

- Tipper steel furnace.

- Blast furnace.

- Pig iron furnace.

2. Rolling hot metal.

3. Directly heating non-ferrous metals (copper, lead, tin, mercury, zinc, silver).

4. Igniting and pouring out coke from a furnace.

5. Igniting the boiler in a steam engine.

6. Welding in a closed container, welding at an altitude of more than 5 meters above the ground.

7. Digging pits.

8. Digging a tunnel and doing other work in a tunnel, or working in pits more than 5 meters deep.

9. Breaking and removing rock on a mountain.

10. Installing a drill rig.

11. Working on an offshore drill rig.

12. Making exploratory drills for an oil and gas well.

13. Making exploratory drills, drilling holes to lay and explode mines.

14. Using hand-operated pressure machines with an atmospheric pressure of 4 degrees upwards (such as drilling and hammering machines and similar machines which cause unusual vibrations for the human body).

15. Driving motor-vehicles.

16. Operating horizontal cranes, cranes, trolley cranes, and electric pulleys (except hand-operated pulleys).

17. Hooking or tying weights to horizontal cranes, cranes, trolley cranes, and electric pulleys.

18. Operating lifts for passengers and freights, or special lifts for freights operating forklifts.

19. Driving construction machines (excavators, bulldozers, caterpillars...)

20. Driving tractors.

21. Operating dredgers.

22. Operating steam boilers.

23. Operating machines for starching cloth and cotton yarns.

24. Rolling and pressing large pieces of hard leather.

25. Surveying waterways.

26. Pouring concrete underwater.

27. Diving.

28. Working in an underwater container.

29. Working in an aircraft.

30. Repairing electric cable lines in a tunnel or on an open-air post, and high-voltage transmission lines, installing high-voltage electric pylons.

31. Installing or repairing underground cable lines and open-air cable lines of the electric communication lines.

32. Directly digging up a tree root more than 40cm in diameter.

33. Felling vertical tree trunks from 35cm in diameter upwards, sawing, cutting or trimming branches high above the ground.

34. Transporting, moving and loading logs from 35cm in diameter upwards by hand, by wooden chutes or wooden slides.

35. Operating a raft on a river with many cascades.

36. Salvaging sunken logs, pulling logs in the dockyard, pulling logs ashore.

37. Sawing a log by hand by two persons (banned to female minors only).

38. Working in a scaffold or on a beam more than 5m above the ground, and similar work.

39. Fixing, dismantling or changing a scaffold (except working as assistant on the ground or on the floor).

40. Collecting salangane nests, collecting bat manure.

41. Working on an ocean-going ship.

42. Keeping guard on a ship, keeping watch of a ship in the dockyard or on a river bank.

43. Working alone on a railway track; in a mountain cave; in underground projects; or in a place where the worker cannot see farther than 400m; or in places very difficult to access.

44. Moving, connecting or disconnecting carriages in a locomotive workshop, on a railway track.

45. Cutting logs with a disc saw or a circular saw.

46. Feeding materials into stone-grinding machine and operating a stone-grinding machine.

47. Operating planing machines in carpentry.

48. Handling steam, pressure or power-operated machines for forging, hammering, pressing, and cutting metals.

49. Assembling, repairing, and cleaning moulds of forging, hammering, pressing and cutting machines (either steam, pressure, power or hand-operated).

50. Building a ship (wooden or steel ships), carrying or fixing a weight of 20kg or more.

51. Carrying weights heavier than the following limits:

PRIVATE AgeOn-and-off work(kg)Continual work(kg)From 15 years (180 months)

to under 16 years (192 months)Female 12

Male 158

10From 16 years(192 months)

to under 18 years (216 months)Female 25

Male 3015

20

52. Operating or doing duty at low-voltage, medium-voltage, and high-voltage stations.

53. Checking, repairing, and handling electric circuits with a voltage of over 700v in a direct current; of over 220v in an alternating current and things to maintain such electric circuits.

54. Igniting a petrol-fired machine which consumes more than 400 liters/hour.

55. Manufacturing, using and transporting dangerous products: explosives, inflammable substances, oxidized substances, gas, gunpowder, ammunition, and artillery pieces which may cause explosion or fire.

56. Operating systems for producing and loading acetylene, oxygen, hydrogen, chlorine, and liquefied gases.

57. Operating a refrigerating system (for making ice or freezing).

58. Working in place polluted by earth and rock dust or powder, cement dust, coal dust, animal fur, and other dust surpassing the permissible level.

59. Repairing furnaces, containers, closed towers, and pipes in chemical production.

60. Working at tobacco-fermenting ovens and cigarettes-drying ovens.

61. Igniting glass-melting furnace; blowing glass products with the mouth.

62. Covering the inside of liquor containers with layers of paraffin wax.

63. Working in contact with petrol in caves and tunnels: delivering or taking delivery of petrol, maintaining and operating petrol pumping and counting machines.

64. Screening lead ores.

65. Rolling, spinning and hammering lead products, galvanizing products with lead.

66. Sulfurizing, shaping or removing large rubber products such as fuel containers and tanks, car tyres...

67. Working in contact with organic solvents such as soaking sleepers, spreading emulsion on photographic paper, printing flowers on polyethylene sheets, printing labels on polyethylene paper, rolling and pressing phenol, operating phenol boilers.

68. Dredging underground sewers, working in dirty, stinky water.

69. Working in crematoria and slaughter houses.

70. Making an autopsy, shrouding and burying a dead person, exhuming and moving remains of a dead person to another place.

71. Working in a prison or in a mental hospital.

72. Serving at cocktails, dancing floors, or in entertainment business.

73. Directly raising ferocious beasts or poisonous animals.

74. Working in contact with radiation, X-ray and other harmful rays.

75. Working at broadcasting stations such as radio and television stations, radar stations, ground-satellite telecommunications stations... which have a magnetic field surpassing the permissible level.

76. Working in direct contact with chemicals causing gene mutation:

- 5 Flour uracyl

- Benzene

77. Working in direct contact with a number of chemicals which may cause long-term damage to the reproductive organs (testicular or ovary deficiency):

- Estrogen

- Cysretionic acid

- Carbaryl

- Dibromide cholralpropane (DBCP)

- Toluenediamine and dinitrotoluene

- Polychlorine biphenyl (PCBs)

- Polybromidebiphenyl (PBBs)

78. Working in direct contact (including manufacture, packaging, preparing, spraying, store disinfecting) with insecticide, weed killer, mosquito killer, termite killer, moth killer, rat killer containing organic chloral and some other chemicals liable to cause cancer such as:

- 1,4 Butanediol, dimethalsulfate

- 4 aminobiphenyl

- Asbestos of amosite, crysotyl, crosidolite types

- Arsenic, arsenate calcium

- Dioxin

- Dichloromethyl-ether

- Insoluble chromate salts

- Coal tar, coal tar vapour

- Cyclophosphamide

- Diethylsilboestol

- 2, Naphthylamine

- N,N-di (chloroethyl). 2. Naphthylamine

- Thori dioxide

- Theosulfane

- Vinyl chloral, vinyl chloride

- 4, amino, 10 - methyl flolic acid

- Mercury, methyl mercury compound, choloride methyl mercury

- Nitrogenpentoxide.

- 2, 3, 7, 8 tetrachloral dibenzene furance

- 3- alfaphenyl beta-acetyletyl

- Acetisalisilic acid

- Asparagine

- Benomyl

- Boric acid

- Cafein

- Dimetyl sulfocid

- Direct blue - I

- Formamide

- Hydrocortisone, hydro-cortisone acetate

- Iodine (metal)

- Lead, acetate lead, nitrate lead (contact with petrol, paint, leaden printing ink, manufacture of batteries, lead welding).

- Mercaptopurine

- Kali bromide, kali iodide

- Prophylthiouracyl

- Ribavirine

- Arsenate natrium, arsenite natrium, iodide natrium, salicilate natrium

- Tetramethyl thiuram-disulfide

- Trameinnolon acetonide

- Triton WR - 1339

- Trypane blue

- Valproic acid

- Vincrystine sulfate

- Vinazol gas

79. Working in permanent contact (without safe protection from toxic gas and dust) with the following chemicals:

- Carbon oxide: such as operating coal gas generating furnace, discharging slag.

- Dyes of aniline, cylidine, toluidine, auramine extracts

- Cyanure based compounds

- Phosphorus and its compounds P205, P2S5, PCL3, H3P

- Trinitrotoluene (TNT)

- Managanese dioxide (Mn02)

- Photgein (COCL2)

- Disulferide carbon (CS2)

- Nitrogen oxide and nitric oxide

- Chloral and chlohydric acid

- Sulfuaric anhydrite and sulfuaric acid

- Calcium carbide (CaC2) such as in operating calcium carbide furnace, discharging slag

80. Working in direct contact with addictive substances and their by-products such as manufacturing pharmaceuticals containing morphine, ephedrine, aldrine, seduxen...

81. Daily working in contact with anesthetics, at an intensive care unit, at contagious disease departments of medical stations, at blood transfusion centers, at vaccine production establishments, taking part in stamping out epidemic hotbeds, working at short-wave and ultrasonic wave therapy centers.-